ITO 3 (3)(2), MUMBAI vs. M/S DUKANSH TRADING PVT LTD [FORMERLY KNOWN AS SHAMROCK PHARMACEUTICALS PVT LTD], MUMBAI

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ITA 48/MUM/2020Status: DisposedITAT Mumbai01 November 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable based on the CBDT circular regarding low tax effect. The revenue failed to demonstrate that the case fell under any exceptions to this circular.

What were the facts?

The revenue filed an appeal before the ITAT. The assessee argued that the appeal was not maintainable due to a low tax effect, citing a CBDT circular. The revenue contended it fell under an exception for long-term capital gains but could not provide evidence of a special order from the Board.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT, considering the monetary limits prescribed by CBDT circulars for filing appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Bharat Gandhi – Ld. AR
For Respondent: Shri R.A.Dhyani – Ld. Sr. DR

आदेशाि सार/ BY ORDER,

उप/सहायक पुंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअधिकरण, मुंबई / ITAT, Mumbai.

Sr. No. Details Date Initials Designation 1 Draft dictation sheets are attached Directly Typed Sr.PS/PS on Computer / Laptop 2 Draft dictated on Not Applicable/ Sr.PS/PS 3 Draft Placed before author Not Applicable Sr.PS/PS 4 Draft proposed & placed before the Second Member JM/AM 5 Draft discussed/approved by Second Member JM/AM 6 Approved Draft comes to the Sr.PS/PS 02.11.2021 Sr.PS/PS 7 Order pronouncement on 01.11.2021 Sr.PS/PS 8 File sent to the Bench Clerk 02.11.2021 Sr.PS/PS 9 Date on which the file goes to the Head clerk 10 Date on which file goes to the AR 11 Date of Dispatch of order

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